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Nigeria: Issue Bench Warrant Against Iyabo Obasanjo, EFCC Tells Court
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Vanguard (Lagos)
16 May 2008
Posted to the web 16 May 2008
Ise-Oluwa Ige
The Economic and Financial Crimes Commission (EFCC) yesterday begged an Abuja high court sitting in Maitama to issue bench warrant against fleeing Senator Iyabo Obasanjo Bello to compel her attendance in court on May 19 for the purpose of taking her pleas in a 56-count charge of corruption preferred against her and 12 others.
EFCC is pushing for Iyabo's trial over allegation of holding on to N10 million out of the N300 million Ministry of Health's unspent fund.
The request for bench warrant against the serving lawmaker came on a day the trial high court judge, Justice Salishu Garba fixed May 19 for ruling on a multiple application by Iyabo Obasanjo seeking for an order voiding two of the 56-count charge affecting her on one hand and a separate order restraining EFCC from arresting, harassing and arraigning her over the matter.
The trial judge will also pronounce on whether or not the request by EFCC to issue bench warrant against Iyabo Obasanjo ahead determination of her application challenging the competence of the charge against her was proper or not.
The fixing of the ruling yesterday by the trial judge followed the adoption of written arguments by counsel to both EFCC and Iyabo Obasanjo-Bello on the competence of the charge against the lawmaker.
Vanguard recalls that the trial judge, Justice Garba had, Tuesday, threatened to revoke its order stopping the arraignment of Senator Iyabo Obasanjo Bello over the N300million scam at the Federal Ministry of Health if she further delayed adoption of written arguments on the competence of the charge preferred against her by the EFCC.
The threat followed an alarm raised by the EFCC in the open court to the effect that Iyabo Obasanjo wanted to delay determination of her application challenging the competence of the charge preferred against her in order to frustrate her arraignment next Monday (May 19) alongside 12 others.
Both EFCC and Iyabo Obasanjo were earlier ordered last week by the court to file written briefs on two applications filed by Iyabo to stop both her arrest and arraignment over the N300 million scam at the Federal Ministry of Health.
Last Monday was fixed for the adoption of the written briefs.
But when the matter came up for the purpose on Monday, EFCC asked for extension of time within which to file its brief, having filed it five days late.
Because EFCC defaulted, the chambers of Afe Babalola (SAN) representing Iyabo Obasanjo said there was no way it could file its own and had to beg for 24 hours extension of time.
The court granted Iyabo's request and thereafter fixed Tuesday for the adoption of written briefs.
But when the court sat Tuesday, Iyabo came with a motion asking for further extension of time to file her written brief.
According to Mr Bankole Akomolafe from Chief Afe Babalola's Chambers, he said the draft copy of the brief was ready but that his principal wanted to vet it before filing it in court.
He asked for an adjournment till Thursday when he hoped he would have filed his papers.
His request enraged EFCC's counsel, Mr Binang who alleged that Iyabo wanted to frustrate her arraignment in court next Monday.
He said that though he was not opposing his request for further extension of time, he however said that if the court would not be able to determine the applications by Iyabo stalling her arraignment, he said he would want court to revoke its earlier order to the effect that Iyabo would not be arraigned until determination of her applications.
Although Iyabo said that EFCC lacked the moral right to accuse her of delaying determination of her application when it was the EFCC that defaulted in filing its briefs on time, she said that she was willing and ready to face trial if the court okayed her for prosecution.
The Economic and Financial Crimes Commission had asked the Abuja high court sitting in Maitama to dismiss the application filed by Senator Iyabo Obasanjo-Bello seeking to stop the anti-graft agency from arresting and arraigning her.
The commission is pushing for the trial of Iyabo for illegally holding on to N10 million out of the N300 million Ministry of Health's unspent fund.
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In a brief of argument filed by EFCC's prosecutor, James Binang in response to Obasanjo-Bello's argument that she could not be compelled to appear in court until her application to stop the commission from arresting her had been heard, EFCC said that granting her application would turn her to an outlaw.
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